Establishments holding Class H licenses for outdoor beer gardens and cafes shall be subject to the following supplemental regulations:
(A) No alcoholic beverages may be sold, served or transported beyond the established perimeter of the beer garden or café at any time whatsoever, except to return into the primary establishment;
(B) No person shall be in or on the beer garden or café with an alcoholic beverage at any time other than during the open hours allowed under § 110.31(A);
(C) Outdoor loudspeakers or amplified music or sound systems shall be permitted on any beer garden or café, however any music or audio programming played on such equipment shall be permitted only when it is not audible at any point 100 feet from the perimeter of the beer garden or café;
(D) The licensee shall be required to adopt adequate internal controls or rules to limit the noise generated by any patrons or other persons on the beer garden or café so that the noise shall not be audible at any point 100 feet from the perimeter of the beer garden or café at any time; and
(E) When the beer garden or café is located on a public sidewalk, at least six feet of clearance shall be afforded in a convenient location for pedestrians to walk through.
(F) The "established perimeter" described in this section shall be submitted in a legible drawing approved by the Local Liquor Commissioner, and shall include a physical barrier such as a fence, ropes, chains or other material that shall clearly define the service area, provided, however, that no such barrier shall block any portion of the defined area from view by the public and/or public officials, and provided further that the designed area and barriers shall not be expanded or altered without the express written approval of the Local Liquor Commissioner.
(G) Occupancy of beer gardens and cafés is limited to 150% of the seating capacity approved by the Local Liquor Commissioner, and the licensee shall be required to prominently display the occupancy limit within public view at all times.
(Ord. 2015-O-23, passed 10-20-15; Am. Ord. 2021-O-18, passed 6-15-21) Penalty, see § 110.99